New BEAD guidance leaves states searching for answers
Jordan Lye via Getty Images
By
Chris Teale
Federal guidance issued last week has thrown much of the program into doubt, as states and other organizations try to find a way forward under a compressed timeline.
Just days after the federal government announced changes to the Broadband Equity, Access and Deployment program, stakeholders have expressed both outrage and optimism as states search for answers on a path forward.
Commerce Secretary Howard Lutnick announced a slew of changes to the $42.5 billion BEAD program after a three-month review, including that states must now be technology-neutral, rather than prefer fiber. Rules around workforce development, climate and environmental impacts have also been rescinded, as has the approval for Delaware, Louisiana and Nevada’s final plans.
That trio of states were the only ones to receive final approvals and did so in the waning days of former President Joe Biden’s administration.
Already, politicians in some of the impacted states have threatened vengeance. U.S. Sen. Jacky Rosen, a Democrat from Nevada, said she would block the nominations of any Commerce Department appointees that oversee or deal with broadband until the state gets its funding. That block applies to Arielle Roth, who President Donald Trump nominated to run the National Telecommunications and Information Administration, which administers BEAD.
“I’m beyond outraged that the Trump Administration has moved the goal post yet again and rescinded Nevada’s approval to get the BEAD funding I secured to connect the hardest-to-reach communities in our state to high-speed internet,” Rosen said in a statement. “This decision will put Nevada’s broadband funding in jeopardy, and it’s a slap in the face to rural communities that need access to high-speed internet.”
State broadband offices, meanwhile, are searching for answers, especially the three that already had plans fully approved by NTIA. Spokespeople for the Nevada Governor's Office of Science, Innovation & Technology and the Louisiana Office of Broadband Development and Connectivity did not respond to requests for comment.
“The Delaware Broadband Office is closely reviewing the recently issued BEAD Restructuring Policy Notice from the National Telecommunications and Information Administration, released June 6,,” a spokesperson said in an email. “Delaware is committed to leveraging every available tool to connect unserved and underserved communities and will carefully analyze the revised policy. An update on Delaware’s review process and any related adjustments to the state’s approach will be shared in the coming weeks.”
Other states are taking a similar approach. In a post to its website, the Vermont Community Broadband Board said it is “busy reviewing” the new NTIA guidance in connection with the state’s own plans “and will have more information soon about how these changes will affect Vermont's broadband buildout.”
The Maine Connectivity Authority, that state’s broadband office, posted a similar statement on its website to say it is “in the process of reviewing this new guidance and identifying the changes and implications as quickly as possible.”
“We understand that continued uncertainty and the evolution of this program will likely generate a range of reactions: angst, frustration, astonishment, appreciation, hope, and pride, to name a few,” the authority continued. “Since the inception of the BEAD Program, MCA has deliberately prioritized creating a transparent, consistent, and informed engagement process. We continue to be extremely grateful for the collaboration of all our partners as we work together to close the digital divide and connect ALL people in Maine.”
Some state leaders, however, appear to favor the new BEAD rules. West Virginia Gov. Patrick Morrisey, a Republican, said the announcement is “great” and allows West Virginia to “continue to move quickly to get our residents connected in all corners of the state.”
“We resisted pressure to rush a BEAD application through a process weighed down by overly-rigid mandates,” Morrisey said in a post on X, formerly Twitter. “That prudence has paid off. We know that the terrain and realities of West Virginia demand flexibility — not a one-size-fits-all directive from Biden-era Washington. I want to thank Commerce Secretary Lutnick for his attention to both the taxpayer and the need for action relative to the BEAD legislation.”
Many outside groups have criticized the new BEAD rules. Nat Purser, government affairs policy advocate at open internet nonprofit Public Knowledge, said in a statement the change “fundamentally undermines the intent of the BEAD program and risks wasting a once-in-a-generation opportunity to build robust, future-proof broadband infrastructure for everyone.”
Jessica Dine, a policy analyst at New America’s Open Technology Institute, said in a statement the new guidance from NTIA “creates a confusing, last-minute mess of changes.” “By forcing a rebidding process on an incredibly short timeline, the new policy notice is, in effect, undoing all of the states’ work on their bidding processes so far,” Dine continued.
Others welcomed some of the changes. NCTA — The Internet & Television Association said in a statement the program’s changes will make it “more efficient and eliminate onerous requirements, which add unnecessary costs that impede broadband deployment efforts.” David Zumwalt, president and CEO of WISPA – The Association for Broadband Without Boundaries, said in a statement the tech-neutral approach “will provide the flexibility to choose the right technology for an individual community’s unique broadband needs."